Judging Freedom - Judge Throws Out Jan. 6 Plea Deal

Episode Date: May 12, 2022

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a federal district court judge, Judge Emmett Sullivan, highly regarded, almost universally respected federal judge in Washington, D.C., threw out the guilty plea of a guy who goes by the name of Baked Alaska. That's his nickname. That's his nom de guerre, his name for war, for pleading guilty in the January 6th insurrection or demonstration, whatever you want to call it at the Capitol. Baked Alaska's real name is Anthem Joseph Guare. Mr. Guare had agreed to plead guilty to a low-level offense of trespassing, a defiant trespass, that's trespassing after they tell you to leave, in return for the dropping of other charges. In the middle of the guilty plea, he looks at the judge and says, you know, judge, I'm innocent of these charges. Well, look, this is the judicial dilemma. I have faced this myself, having taken probably more than a thousand guilty pleas. Everybody knows, the prosecutor knows, the defense lawyer knows, the judge knows, the defendant knows, courthouse observers know, that the defendant is pleading guilty because of a deal, because of a bargain. He's often not technically guilty of the precise crime for which he's pleading guilty,

but in return, the other charges against him are dropped. He gets a deal. The state gets a deal because it doesn't have to prosecute him, and it can go on to the next case. But the judge is required to ask the defendant, are you pleading guilty because you truly are guilty? If the defendant says, no, I'm not guilty of this charge, then the judge is obliged to throw the case out and give the defendant a jury trial. If the defendant says, I'm not pleading guilty, I'm not really guilty. I'm only pleading guilty because the prosecutors threatened me. They threatened me with a felony count, which is what this defendant said yesterday.

You can't accept the guilty plea. If the defendant says I'm pleading guilty because I don't trust the system, I'm really innocent. You can't accept the guilty plea. I remember once rejecting the guilty plea and the public defender had just come over to Bergen County, New Jersey in Hackensack, where I sat on the bench from the Bronx. He looked at me, he goes, judge in the Bronx, you could plead guilty to impersonating Nancy Reagan and they would accept the guilty plea. Nobody rejects guilty pleas in the Bronx. I said, well, this is not the Bronx and I am duty bound to do justice. I can't let your client plead guilty to something we know he didn't

do. And he admits he didn't do. So Mr. on theme, Joseph Guare, excuse me for looking down. I forgot the name. How could you forget a name like that? Mr. Guare will now get a trial The government will try him for all the charges against him Including a trumped up felony charge But he's fortunate enough to have a judge To know that the government tried to force him By intimidation To accept a guilty plea to a crime that he believes he didn't commit Boy do I hope he's acquitted

Judge Napolitano for judging freedom that he believes he didn't commit. Boy, do I hope he's acquitted. Judge Napolitano for judging freedom.